I came up with a few questions that I’d like to see asked during Roberts’s confirmation hearings.
* To what extent and under what conditions, if any, should the Supreme Court look to foreign law for guidance in interpreting the U.S. Constitution?
* What role should stare decisis play in constitutional adjudication?
* To what extent can the President make foreign policy independently of Congress, and can the President’s foreign policy—not otherwise undertaken pursuant to congressional authorization or embodied in a treaty or executive agreement—preempt state and local laws that express a different policy?
Are there any cutting edge issues that you’d like to see brought up at the confirmation hearings? Am I being too tough on Senator Schumer?
I’d like to know what Roberts thinks of penumbral reasoning as a methodology.